Strategic HR Lawyer

Human resources professionals are often referred to as “they.” Usually when described in such a way, there is usually a finger pointing to “over there.” This infers that human resources is somehow distinct and separate from management and employees. When this happens on the part of management it usually stems from the perception or belief that human resources is not business. More specifically, from the belief that human resources cannot help managers solve a business problem they are facing.

Getting involved in business is always easier when you are the new kid on the block. When you are the new human resources professional, you just start getting involved those nonbelievers who would have challenged you if you had been there for a while, will give you the courtesy of getting involved in their business – at a minimum to see what you can come up with.

As the new human resources professional if you are confronted with a manager who is not used to having human resources involved in the management of their business, start with something small that has people/employee implications. This may include:

• Modifying the staffing in the department in order to control overtime.
• Creating job descriptions where they didn’t previously exist.
• Analyzing performance issues, before they come to human resources, which may indicate a training need.
  

The key is to use your expertise to solve THEIR problem. At this point “no” is not a word in your vocabulary.

As the human resources professional who has been around for a while, you need to make a paradigm shift. Assume the worst and start small.

• Take baby steps to get to know your managers.
• Start with a new manager who has joined your organization and make him or her your biggest fan.
• Start with an employee who has just been promoted to management and coach him or her along.
  
• Start with a manger you trust.
  

The key in all of this is to have little successes. These little successes will create fans throughout the organization. Little success will lead to bigger ones and before you know it, you will be well entrenched in the business of the business solving big problems and making lots of money.

Posted By Diane Pfadenhauer In HR Strategy | Permalink

One of my biggest pet peeves and one of the biggest things that human resources professionals rely upon as a source of power is touting the law. The law gives you power. The law makes you look smart. If you tell your managers that they cannot do something because it’s illegal, they actually listen to you. On the other hand, if you tell them not to do something because it just makes sense, you are ignored. So what do human resources practitioners do? Cite the law as the basis for all of their decisions and communicate in that manner.

I once knew a human resources manager who cited her outside labor and employment counsel continuously, all the time, to the point where it was nauseating. She forgot several important concepts. First, lawyers give advice on the law. Business people run businesses. This means that lawyers don’t actually tell you what to do. Your job is to interpret what they say and apply it in your business. Second, most of the time when a lawyer tells a human resources person something it is a recommendation. Companies ignore lawyers all the time. Trust me, I know this. Lastly, using lawyers in this fashion gets really expensive. If the human resources professional is calling the lawyer to figure out how to run human resources, that’s a problem.

What the human resources manager in the above example failed to realize is that she did absolutely nothing to help her credibility. In fact, she made herself look incompetent. She could not convince someone to do something because it was right, ethical correct, reasonable, or based on good judgment. Eventually, everyone ignored her and gave up asking her anything.
The problem here becomes even further compounded because once the human resources professional falls into this trap, the constituents begin to question his/her answers. All it takes is one person who knows more about the law than the human resources professional or for the human resources professional to answer incorrectly or mislead someone and he/she will never be believed or trusted again. The biggest insult usually occurs when the human resources professional touts the law to someone at the senior level of the organization who gives up and calls the lawyer themselves.

What the human resources professional in this trap also does not realize is that in most instances her or she is not a lawyer and lacks any and all credibility giving legal advice. So in conversation after conversation, the human resources professional says something is illegal or says that the lawyer made them do it. Eventually the constituents give up and either stop asking or just call the lawyer themselves.

So how do you get out of this mess?

• Become a lawyer. I did. But, it’s really expensive.
• Focus on employee performance and solving real business and employee problems as your source of power.
  
• Use the law to educate managers and employees. It’s not a secret area of knowledge that only you know about.
  
• When you cite the law, cite the law first. Then, discuss with your fellow managers the possible solutions and outcomes to the problem. Your job is to make sure employees are treated in a manner that is fair and equitable. You can advocate for salvaging an employee or to fire an employee. Use judgment and facts in your arguments once everyone is clear what the law is. For the control freaks among us, this is often the hardest. The human resources professional that touts the law is often using it as a way to control or as a crutch.

Posted By Diane Pfadenhauer In HR Strategy | Permalink

As a follow up to my previous thoughts on managing the company holiday party, consider this about facilities, security or the front desk:

Just because you are an expert in managing people, that does not make you an expert in managing security or facilities.  Unfortunately, however, many human resources professionals gravitate toward the thrill of taking on more responsibility (probably under the guise of feeling like they are appreciated or being duped into a false promotion) by taking on the job that most other people don’t want.  Seriously, do you think anyone else in their right mind in your organization would be crazy enough to voluntarily deal with bathroom issues, complaints about the heat or air conditioning, whether someone brought in their identification card today, etc?  Not on your life.  They usually explain that they are too busy doing real work – this could include making money for the company, solving business problems and the like. 

Worse than facilities and security is managing the front desk.  This thrusts the human resources professional into a world of insanity – scheduling the answering of phones, managing the receptionist and worse yet, when the receptionist is out sick, guess who ends up answering the phone?  Someone in human resources. 

So now that the human resources professional has taken on this new responsibility guess who gets all of the nonsensical questions?  You guessed it.  I once heard of a regional human resources manager who received a complaint from another manager about the fact that the toilet paper in the rest room did not rip on the perforation.  Two college degrees, advanced certification and twenty years of experience led to this kind of existence!

So how do you get out of this mess?

• Give it to the CFO.  He or she is likely controlling the budget anyway.  And when the toilet paper does not rip on the perforation, he or she can increase the budget to buy better toilet paper.
• Delegate to someone in your department and let them manage it.  Address only those things that are critical to corporate security, significant issues of safety and the like.
• Hire professionals.  If you have to be tasked with these responsibilities manage them professionally.

Posted By Diane Pfadenhauer In HR Strategy | Permalink

Now that the holiday season is behind us, let’s look at one of my biggest pet peeves for HR practitioners. Many HR departments are sadly tasked with managing the company holiday party. If you are doing this now, delegate to someone else. When I was a senior human resources leader one of my first goals was to get my department out of the party planning business. You will never be respected as a business leader unless you do.

In the eyes of your co-workers, anyone can plan a party. It will take too much of your time that you should be spending doing real work, learning something productive or solving a worthwhile problem. In addition, you do not want to be associated with bad restaurant food, poor catering, or boorish employee behavior at these events.

So, how do you get out of this mess?

• Delegate to someone in your department and distance yourself from it.
• Form a committee of employees from around the company that can plan the party. Then run. Quickly.
• If you have never had a company holiday party or picnic and someone asks you to plan one, say no!

Posted By Diane Pfadenhauer In HR Strategy | Permalink

HR is NOT and should never be, under any circumstances whatsoever, responsible for egg salad sandwiches, toilet paper in the rest room, and other nonsensical issues related to boorish behavior or poor manners.  There, I've said it and feel a little better.

I stumbled upon a ridiculous blog post about a human resources manager posting a notice in the company cafeteria warning employees not to steal each others' food.   What I found most appalling was not that the employees were stealing each others' food but that the HR manager felt that he/she "had to" post a notice governing refrigerator behavior.  What fools think that it is HR's responsibility to monitor the refrigerator in the employee cafeteria?  And, let me guess, these are the same fools that are upset that they "don't have a seat at the table," that they are "underpaid" relative to their colleagues with similar titles, or that they "don't get no respect."

Come on!  With all of the uncertainty in the economy, health care in its current state, employee engagement at its lowest point in who knows how long, this is not what HR professionals should be focusing on.  Those that do, are missing opportunities to improve the workplace, provide value to their organizations, and make a positive difference in so many other, professional, ways.

Posted By Diane Pfadenhauer In HR Strategy | Permalink

In the midst of the current economic crisis and the flurry of employment law activity under the new administration, it's easy to forget the first word of this blog. The whole purpose of the name Strategic HR Lawyer was intended to focus not only on employment law but also elements of strategic human resources management. I began my career in HR over two decades ago and even after I became an attorney, it has influenced my practice, how I approach problems and advise on legal issues.

Here's my beef for today. For the last several months I've heard all about the economy, and all about these new laws. In fact, many of my recent posts have focused on attempting to keep my readers up to date on the numerous legislative changes. Today, I am putting my HR hat on and plan on putting it on more regularly on this blog. Why? Because, quite frankly, if HR professionals spend their time becoming junior lawyers and abdicate their leadership opportunities by letting bean counters lead the company's charge through these tough economic times, then guess what? HR will have lost its opportunity to emerge as transformational leaders in organizations and the profession will reaffirm the negative stereotypes that are periodically thrust upon it.

The Compensation Force Blog (by World at Work) had a recent post on the estimates for 2009 salary increases. The post cites a recent Watson-Wyatt survey on the Effect of he Economic Crisis on HR Programs which, in part demonstrates that projected compensation budget increases for this year are still in flux. That notwithstanding, how many of us have heard about wage frees for this year? To me, wage freezes are about the same a hiring freezes – shortsighted and usually the decisions of narrow minded people (unless company is in a true crisis). Both of these approaches do nothing to engage the workforce, promote productivity and retain loyal and motivated employees for the long haul.

So here's my wild idea for today: Instead of letting the bean counters implement wage freezes or cuts, why don't we adopt what I'll call the “REVERSE MERIT PROGRAM” - If we can, and have been for years, dole out salary increases based on a performance management system that gives the best raises to the star performers and the lowest or no raises to the poorest performers, then why don't we use that same system for salary cuts? In other words, freeze the salaries of the best performers and dole out salary "cut backs" to employees based on performance measurements. Isn't compensation supposed to be an "investment" in our people?  So you can cut your salaries will STILL “reward” your top performers. Now, I know that the critics are saying that companies have already slashed to the bone and there are no “poor” performers left. To that I say, baloney. If nothing else, we should not stop thinking about the opportunity as HR professionals to make a positive difference in the lives of people who work at our organizations and design programs that promote the achievement of organizational objectives – despite how difficult economic conditions are.

So what's your idea?

Posted By Diane Pfadenhauer In Compensation & Benefits , HR Strategy | Permalink

Delphi has taken a few punches since filing for bankruptcy.  Its seemingly excessive bonus plans for key employees angered union members and became fodder for media criticism.  Seems that Delphi CEO Robert "Steve" Miller, who has known for being bluntly outspoken about the financial issues facing Delphi, is trying to demonstrate a little compassion for employees.   This article in USA Today describes his recent statements . Specifically,

"Workers have built their lives around their high wages, and Delphi is working with its biggest customer and former parent, General Motors, to find a reasonable way to bring Delphi's labor costs in line while maintaining workers' standard of living....Behind all this financial drama are the lives and livelihoods of thousands of Delphi workers. They played by the rules and cannot be blamed for taking a high-paying job. ... They are at risk of being severely impacted and disappointed. I don't blame them for being angry."

Moral of the story - sometimes honey works better than vinegar.  A bit of compassion can go a long way in trying to get employees and other stakeholders on board with what is seemingly a daunting initiative.

Posted By Diane Pfadenhauer In Corporate Turnaround , Employee Relations , HR Strategy | Permalink

When organizations are faced with the need to reduce their workforces, they often immediately think of layoffs.  Early Retirement Incentive Programs (ERIP), however, are often a viable alternative to traditional layoffs and less disruptive to organizations.  So, why don't people think of an ERIP more often?  Well, when you put actuaries, plan administrators/fiduciaries and benefits lawyers in a room together, the results usually completely overwhelm anyone else there!  So, my colleague, Heidi Hayden,  and I have prepared this step-by-step guide which will serve as a road map for any organization considering any ERIP.  Happy reading (it's a LONG one)!

Posted By Diane Pfadenhauer In Compensation & Benefits , Employment Law , HR Strategy , Retirement | Permalink

Here is an interesting article on the people side of mergers and acquisitions.  The author, Leo Flanagan, notes that most mergers and acquisitions do not produce the intended economic results.  He further notes the logical cause of these failures and goes on to suggest ways that organizations can begin at the top to ensure success:

"a number of studies and experts have identified what is probably the largest factor: failure to specifically understand and address the impact on and of people in an M&A situation"

My view:  Those of us in this business know that in order for any major strategic event to be successful, employees and leaders within the organization must be truly engaged.  In order for that to happen, there must be open communication and commitment to a defined goal or end-game.  In addition, cultural integration, while not initially recognized as a key influence on the bottom line, can have a major influence on firm performance.  In fact, many suggest that Carly Fiorina's departure from Hewlett Packard is largely the result of her inability to integrate successfully into the well-defined culture at HP.  As two organizations come together, it is vitally important to make sure that everyone knows the ground rules, and that the new organization take the time and effort to address the people issues.

Posted By Diane Pfadenhauer In HR Strategy | Permalink

A recent article (registration required) in the Wall Street Journal indicated that more and more firms are likely to go outside to fill positions rather than fill them with internal candidates.  The article quotes Professor John Sullivan at San Francisco State University who notes that "...a growing number of firms now give equal of even superior consideration to an external candidate."  The article gives further advice to internal job seekers to brush up on interviewing skills which may be rusty, avoid the tendency to under-dress for interviews and avoid bashing the boss (whom everyone knows).  Essentially, the article underscores the issue that internal candidates feel they have an upper hand on positions, while internal hiring managers may feel that they demonstrate a lack of polish in the interview process because they are already inside.

What does this mean for us?  If our employees learn that their chances of finding new employment are better by leaving the organization, they may be more inclined to do so.  While that's a good thing if it's your poor or average performer, but recognizing the cost of turnover, perhaps some internal folks should be guiding these internal candidates on the expectations for them in the interview process so they do  not appear as sloppy, disinterested or arrogant.

Posted By Diane Pfadenhauer In HR Strategy | Permalink

A recent article published at Knowledge @ Wharton (registration required) discusses an interesting concept.  The article discusses a study commissioned by Booz Allen concerning the concept of "enduring value."  The study identifies some enduring institutions such as GE, Sony, the US Constitution, the Salvation Army, Dartmouth College and the Rockefeller Foundation, that "share the ability to innovate and adapt, leadership that balances stability and change, and a commitment to excellence."  Ralph Shrader, Booz Allen's CEO stated:

"I would like to challenge the contemporary thinking that something or someone has to be new to be good.  We make a grave mistake when we look at the future with our backs to the past.  The past is what brought us to where we are.... Some of the reasons for the corporate leadership problems we have seen over the last several years [have to do with] overemphasis on things that change and not enough on things that endure..."

The article states what is now almost obvious: that companies such as Enron, et. al. were more focused on the short-term than on long-term viability and shareholder financial well being.  As many of us go into companies in a turnaround situation, we often evaluate performance from the perspective that what was done in the past must be bad or wrong.  Perhaps if we take a step back and look instead at what elements of the firm are consistently "right" over the long haul, we can balance those with the changes we are recommending.  Sometimes people become so enamored with activity for the sake of action, rather than truly understanding what in the past brought value compared with what really needs to be changed.

Posted By Diane Pfadenhauer In Corporate Turnaround , HR Strategy , Trends | Permalink

A recent study by Professor Christian Leuz at Wharton explores the causes and consequences of voluntary SEC deregistrations.    Professor Leuz cites that many organizations claim that the costs of compliance with the the Sarbanes-Oxley Act influence their decisions to "go dark."  The researchers (which also included professors from the University of Maryland) note that small firms estimated the cost of complying with SOX to be as high as $500,000.  Deregistration can directly influence the bottom line for these organizations by eliminating the compliance costs.  The number of deregistering companies jumped from 43 in 2001 and 67 in 2002 to 198 in 2003.  Professor Leuz notes however, that despite the notion that deregistration should save money, following such an announcement, shares of such companies plummet 10% on average.   He cites two possible reasons.  First, that some of the companies who deregistered were exhibiting weak performance and realized it would be better to go dark.  The second is that some of the controlling insiders might want to avoid outside monitoring and additional scrutiny either because they are not managed effectively or because their compensation is excessive.  The study, available here (registration required), makes one think for a moment about all of the hype associated with compliance with SOX and deregistration.  Is it really because it's too expensive or is it because of poor management?

Posted By Diane Pfadenhauer In HR Strategy | Permalink

The Society for Human Resources Management (SHRM) recently identified the top five concerns of human resources professionals.  At number one, was none other than the rising cost of healthcare, followed by the use of technology in the workplace, the use of electronic learning, safety and security and finally the effects of demographics on employment.  These concerns were a result of a survey conducted by SHRM.  View the article here. 

Posted By Diane Pfadenhauer In HR Strategy | Permalink

The Wall Street Journal recently reported that USAirways was seeking to reject certain labor contracts.  As  many know, the airline is in bankruptcy.  It further wishes to reduce health and retirement benefits.  You can view the article here.  The unions have already taken a 21% pay cut and this rejection of the contracts would most likely result in further reductions in pay and benefits.  While these cuts are presumably designed to enable the carrier to tansition from a traditional carrier to a low cost airline, the impact on employees is obviously dramatic.  One can only hope that the airline is considering not only the strategic business implications of these changes on the bottom line, but also the strategic people implications of these changes.  How loyal or demoralized will these employees be?  Conversely, without these reductions can the airline survive?  Only the future will tell.  In the mean time, the employees continue to take significant blows as the airline transforms its business strategy.

Posted By Diane Pfadenhauer In Compensation & Benefits , Corporate Turnaround , HR Strategy , Labor Relations | Permalink